21st Amendment
1: The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
2: The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
3: This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
21st Amendment Simplified
Section one of the Twenty-First Amendment of the United States Constitution states that the Constitution’s18th Amendmentis repealed.
This means that once the 21st Amendment passed, the Eighteenth Amendment would be permanently removed from the Constitution.
Section Two of the 21st Amendment prohibits the importation and possession of alcohol within the United States by violating the law.
This section of the constitutional amendment permits states to prohibit the transportation, importation, sale, or possession of alcoholic beverages.
Section Three of the 21st Amendment states that the article has to be ratified as an amendment to the United States Constitution within seven years from the date Congress submits it to each state.
When Was the 21st Amendment Passed?
Ratification of the 21st Amendment had to be completed by the required number of states in seven years for the end of national prohibition to be enacted as part of the constitution.
The amendment was proposed in Congress on February 20, 1933, with President Franklin D Roosevelt in office. The 21st Amendment was to repeal another constitutional amendment, and the amendment process passed quickly.
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What Did the 21st Amendment Do?
In simple terms, upon ratification on December 5, 1933, the nationwide prohibition that lasted for fourteen years ended. This end happened after Utah and thirty-six other states ratified the 21st Amendment of the United States Constitution.
Each state came up with rules regarding alcoholic beverages from drinking age limits, importation, and sales.
However, the drinking age is similar among most states as federal funds are only provided to a state when the minimum age to drink alcohol is 21.
The Termination of Prohibition
After the 18th Amendment was ratified in the constitution and prohibition was instituted, the 21st Amendment was ratified and ended it. The support for prohibition came mainly from the Temperance Movement.
Prohibition was an epic failure, and the 21st Amendment was an acknowledgment of this fact.
Unfortunately, criminals like Al Capone had taken advantage of the demand for illegal alcohol and built up a sizeable criminal empire. This illustrated how much people were disrespecting the law.
However, alcohol was only completely legal in different parts of the country after the 18th Amendment was repealed from the constitution.
Some states had made it legal according to their state legislature, but others still chose to maintain the previous anti-alcohol laws. Some states retained their laws for quite some time and were referred to as “dry states.”
Why Propose the Twenty First Amendment?
Currently, adults of the legal drinking age must follow the rules on when and where they can purchase an alcoholic drink, whether wine, spirits, liquor, or beer.
The question that’s most asked is why the public opinion turned against the Eighteenth Amendment and Prohibition?
It wasn’t only influenced by people wanting to consume alcohol. Most citizens agreed that alcohol prohibition was an experiment that had failed as it hadn’t reduced the alcoholism rate.
There was a massive black market for alcohol, and law enforcement lost its willingness to fight against these illegal acts concerning alcohol.
Organized crime syndicates were on the rise during prohibition. They bribed the police to carry on with their business. Such a state of affairs made it even more apparent that prohibition was failing.
Edward Savey holds a Bachelor's degree in Political Science from the University of Georgia and a Master's degree in Public Administration with a focus on constitutional law from Georgetown University.He launched constitutionUS.com as its editor, striving to make complex constitutional topics accessible to the public.
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One Response
This is the same course Cannabis and, I might add, ALL illegal substances that America has on the books TODAY need to be acted upon. Making usage illegal births a black market demand. There is also a notable increase in senseless violence amongst gang distribution territories. Usually law enforcement and the courts are overwhelmed. When they decided that the War on Drugs wasn’t working, they stopped short of what MUST BE DONE!
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Further Resources About: 21st Amendment Summary
8th Amendment to the United States Constitution Explained
The 15th Amendment to the United States Constitution Explained
12th Amendment Simplified
24th Amendment of The United States Constitution Explained
As an expert with a deep understanding of constitutional law, particularly in the context of the United States, let's delve into the concepts and historical context mentioned in the article regarding the 21st Amendment.
1. Prohibition and the 18th Amendment: The 18th Amendment to the United States Constitution, enacted in 1919, marked the era of Prohibition, making the manufacturing, sale, and transportation of alcoholic beverages illegal. This was a significant social experiment driven by the Temperance Movement, aiming to reduce alcohol consumption and its perceived negative societal impacts.
2. The 21st Amendment – Repeal of Prohibition: The 21st Amendment, proposed in Congress on February 20, 1933, and ratified on December 5, 1933, repealed the 18th Amendment. Section one of the 21st Amendment explicitly states the repeal of the 18th Amendment, putting an end to the nationwide Prohibition that had lasted for fourteen years.
3. Sections of the 21st Amendment:
- Section One: Repeals the 18th Amendment.
- Section Two: Prohibits the transportation, importation, sale, or possession of alcoholic beverages within the United States in violation of state laws. This section grants states the authority to regulate alcohol within their borders.
- Section Three: Imposes a time constraint, stating that the 21st Amendment would be inoperative unless ratified by conventions in the several States within seven years from the date of submission by Congress.
4. Ratification Process: The ratification of the 21st Amendment required the approval of the requisite number of states within seven years. The amendment process moved swiftly, with President Franklin D. Roosevelt in office during its proposal.
5. Impact of the 21st Amendment: Upon ratification on December 5, 1933, the 21st Amendment ended the nationwide Prohibition. States were then free to establish their rules regarding alcoholic beverages, such as drinking age limits, importation, and sales. The article highlights that federal funds were tied to a minimum drinking age of 21.
6. Reasons for Repeal: The article explores reasons for the repeal of Prohibition, citing its failure to reduce alcoholism rates, the emergence of a massive black market, and the rise of organized crime syndicates. Figures like Al Capone took advantage of the demand for illegal alcohol, illustrating the failure of Prohibition and the need for a new approach.
7. Author and Source: The article is attributed to Edward Savey, an individual with a Bachelor's degree in Political Science from the University of Georgia and a Master's degree in Public Administration with a focus on constitutional law from Georgetown University. Savey is the editor of constitutionUS.com, aiming to make complex constitutional topics accessible to the public.
In summary, the 21st Amendment is a pivotal part of U.S. history, marking the end of Prohibition and allowing states to regulate alcohol according to their laws. The reasons for its proposal and ratification are rooted in the acknowledgment of the failure of Prohibition and the need for a more realistic approach to alcohol regulation.
